Probate & Estate Litigation

Published on: October 31, 2012

Respondent Filed a Petition for Letters

by Stephen Bilkis

This case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The appeal in this case involves an application made by the administratrix of an estate to disqualify the attorney as her co-administrator. The attorney previously represented both parties but was dismissed by the petitioner when he participated in the prosecution of a compulsory accounting proceeding trying to surcharge her. The Surrogate’s Court of Queens County ruled that the allegations made by the petitioner were insufficient to warrant disqualification.

Case Background

The decedent passed away on the 28th of March, 1979. The respondent acting as the attorney for the estate filed a petition for letters of administration on behalf of the decedent’s widow and his son of a previous marriage.

Published on: October 30, 2012

Siblings Fight Over Deceased Parent’s Bank Accounts

by Stephen Bilkis

This is a case being heard in the First Department, Appellate Division, of the Supreme Court. This issue being appealed in this case is whether the petitioner, who is the son of the decedent and the ancillary executor of the estate, has overcome the presumption that certain joint bank accounts that were established by the decedent were intended to vest property rights to his sister who is named as the joint account holder, which would constitute testamentary substitutes that would pass outside of the will.

Case Background

There are five joint bank accounts at issue in this proceeding out of a total of 16 accounts that were opened by the decedent. Of the total of 16 accounts, eight of the accounts have her daughter designated as the joint tenant. A New York Probate Lawyer said the amount of these accounts comes to $216,842. The other eight accounts designate the petitioner as the joint tenant and amount to $223,782.

Published on: October 29, 2012

Court Revokes Commissions Collected by Executor

by Stephen Bilkis

This is a decision made in the Surrogate’s Court of the State of New York in Nassau County after a bench trial of the accounting of the executor of the estate. Before the trial the objectant by an order to show cause sough the revocation of letters testamentary that were issued to the executor. The application has been held in abeyance pending the trial of the accounting of the estate.

Case Facts

The decedent passed away on the first of May, 2004 and left behind a will that was admitted for probate. The decedent was survived by four children. The will bequests pre-residuary cash payments in the amount of $45,000 to three of his children. The will divides the residuary estate equally among all four children. Letters testamentary were issued to the oldest child as he was named as the executor of the estate.

Published on: October 28, 2012

Son Challenges Father’s Will

by Stephen Bilkis

In this case the defendant has moved for an order to dismiss the first and third causes of action brought against them on the ground of failure to state a cause of action. The defendant is seeking to have the remaining caused transferred from the Supreme Court, Special Term, to the Surrogate’s Court of Queens County on the ground that it is the more appropriate forum for this action.

Case Background

A New York Probate Lawyer said the plaintiff is seeking to recover half of $80,285.58 that he alleges is his property by reason of establishment of a number of bank accounts by his late father. He states the accounts were in his and his father’s names. The son’s name was eliminated from the accounts in question in June of 1983. The father then opened new accounts in just his name with the proceeds of the accounts that he had closed.

Published on: October 27, 2012

Defendant Claims Plaintiff has No Legal Capacity to Sue

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of the State of New York in Queens County. The defendant has moved to dismiss the complaint against them on the ground that the plaintiff has no legal capacity to sue and that the court lacks legal jurisdiction over the matter.

A New York Probate Lawyer said the action is for a declaratory judgment on a fire insurance policy that covers the home, its contents, a garage, and the loss of use and rental value. The defendant issued the policy in the name of the Estate as the insured. The plaintiff is a devisee of the property under the will of the decedent. The will is currently un-probated as it is being contested and has not yet been heard in the Surrogates Court of Queens County.

Case Background

Published on: October 26, 2012

Will Submitted to Probate

by Stephen Bilkis

This matter deals with the last will and testament executed by the testatrix on the 26th of August, 1964. The matter is being handled by the Surrogate’s Court of Queens County. The instrument appears to be natural and leaves her entire estate to her husband. If her husband predeceases her the estate is split between her two adult daughters.

Case Discussion and Decision

The two daughters have signed waivers and consent to the will being admitted for probate. The will consists of three pages. A New York Probate Lawyer said the testatrix signed the will at the bottom of the second page. The final page appears to be an attestation clause that is signed by three witnesses and the signatures are notarized.

Published on: October 25, 2012

Plaintiff Contends Lease Assignment Invalid

by Stephen Bilkis

This case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The respondent and appellant in the case is Richard P. Booth. The appellant and respondent in the case is the Ameriquest Mortgage Company.

Case Background

A New York Probate Lawyer said Donald Booth and his wife Diane Booth had a leasehold estate of land located in Babylon. The lease was dated the first of January, 1977 and was renewed in August of 1990. When Diane passed away in 1998, Donald assigned the leasehold estate to himself and his son, Donald Jr. This lease assignment was made on the 9th of November, 1998. Donald passed away on the sixth of October in the year 2000. After his father passed away, Donald Jr. assigned the lease to himself and his wife Michelle as joint tenants.

Published on: October 24, 2012

Appellants Bring Appeal Regarding Codicil

by Stephen Bilkis

This is a matter dealing with the probate of a last will and testament. This case is being held in the Second Department, Appellate Division of the Supreme Court of the State of New York.

Appeal

The appellants are appealing and order that was made in the Surrogate’s Court of Queens County. The order is dated the 27th of March, 2007 and grants the motion made by the respondent for leave to file objections to the codicil. The order also denied their cross motion for a decree to admit the will and the codicil to probate and to direct the letters testamentary and letters of trusteeship to be issued to them. The were also denied the approval of a stipulation of a settlement that they made with the American Society for Technion-Israel Institute of Technology, Inc that was approved by the Attorney General of the State of New York.

Published on: October 23, 2012

Court Hears Estate Litigation Matter Over Legal Fees

by Stephen Bilkis

This is a case of appeal being heard in the Supreme Court, Appellate Division, and Second Department. This proceeding is to settle the account of a co-executor of an estate. The co-executor and the law firm are appealing an order that was made in the Surrogate’s Court of Queens County. The order reduced the amount of legal fees as requested by the law firm and directed the law firm to reimburse the estate for the legal fees they had received in excess.

Case Background

The decedent passed away on the 14th of March, 1984. The will left behind by the decedent named one beneficiary of the estate and he was also named as the co-executor of the estate. The estate had an estimated value of $363,000. The other co-executor of the estate was the attorney/draftsman of the will. He was also a subscribing witness and supervisor in the execution of the will.

Published on: October 22, 2012

Court Hears Will Contest

by Stephen Bilkis

This case is being heard in the Surrogates Court of Westchester County. The matter before the court deals with the estate of Leonard M. Greene, deceased. A New York Probate Lawyer said this is an incident that deals with the contested probate proceeding where the guardian ad litem for the infant distributes is seeking authorization to retain a medical expert to be paid from the estate.

Case History

Leonard Greene, the decedent, passed away on the first of December, 2006. He was 88 years old at the time he passed away. Survivors include seven children and two grandchildren. There is an issue of a predeceased child that was a passenger on United Airlines Flight 93 on September 11th, 2001.